The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE

Chapter 626
INSURANCE FIELD REPRESENTATIVES AND OPERATIONS

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F.S. 626.572

626.572 Rebating; when allowed.—

(1) No insurance agency agent shall rebate any portion of a commission except as follows:

(a) The rebate shall be available to all insureds in the same actuarial class.

(b) The rebate shall be in accordance with a rebating schedule filed by the agent with the insurer issuing the policy to which the rebate applies.

(c) The rebating schedule shall be uniformly applied in that all insureds who purchase the same policy through the agent for the same amount of insurance receive the same percentage rebate.

(d) Rebates shall not be given to an insured with respect to a policy purchased from an insurer that prohibits its agents from rebating commissions.

(e) The rebate schedule is prominently displayed in public view in the agent’s place of doing business and a copy is available to insureds on request at no charge.

(f) The age, sex, place of residence, race, nationality, ethnic origin, marital status, or occupation of the insured or location of the risk is not utilized in determining the percentage of the rebate or whether a rebate is available.

(2) The insurance agency agent shall maintain a copy of all rebate schedules for the most recent 5 years and their effective dates.

(3) No rebate shall be withheld or limited in amount based on factors which are unfairly discriminatory.

(4) No rebate shall be given which is not reflected on the rebate schedule.

(5) No rebate shall be refused or granted based upon the purchase or failure of the insured or applicant to purchase collateral business.

History.—ss. 52, 207, ch. 90-363; s. 4, ch. 91-429; s. 233, ch. 97-102; s. 19, ch. 2005-257.

F.S. 626.572 on Google Scholar

F.S. 626.572 on Casetext

Amendments to 626.572

Arrestable Offenses / Crimes under Fla. Stat. 626.572

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 626.572.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CHICAGO TITLE INSURANCE CO. v. S. BUTLER,, 770 So. 2d 1210 (Fla. 2000)

. . . filed a complaint against the Department of Insurance seeking a declaratory judgment that sections 626.572 . . . Butler moved for partial summary judgment to establish that section 626.572, Florida Statutes (1997), . . . The circuit court denied Butler’s motion, finding that section 626.572 does not apply to title insurance . . . As a result of this Court's holding in Dade County, the Legislature enacted section 626.572 which permits . . . Section 626.572 states: (1) No agent shall rebate any portion of his or her commission except as follows . . .

S. BUTLER v. STATE DEPARTMENT OF INSURANCE, 680 So. 2d 1103 (Fla. Dist. Ct. App. 1996)

. . . Rule 4-186.003(13)(a), Florida Administrative Code, and sections 626.9541(l)(h)3.a., 626.611(11) and 626.572 . . . amended complaint a challenge to the constitutionality of sections 626.9541(l)(h)3.a., 626.611(11), and 626.572 . . . Section 626.572 appears to allow agents to lawfully rebate a portion of their commission if the rebate . . . validity of the anti-rebate statutory scheme as set forth in sections 626.9541(l)(h), 626.611(11) and 626.572 . . . At the hearing, appellees contended that section 626.572 did not apply to title insurance because it . . .